A Reference for the Laws and Rules of the Congressional Budget Process

§015p. (CB) Point of Order

Point of Order

Summary

A point of order is an assertion brought by member of Congress after being recognized by the Presiding Officer from the floor that a violation of the rules has occurred. . If the Presiding Officer agrees that an action contradicts the rule, then some form of corrective procedure is triggered. The most common points of order in Budget Law in both the House and Senate result in a corrective action of prohibiting the consideration of a measure. This simply means that if a point of order is sustained against a bill, joint resolution, motion, conference report or amendment, it may not be debated, subjected to amendment or further motions, or adoption by the chamber.

A less common point of order, but still very important, are those called “surgical”, which means they are raised against a specific provision of a measure and, if sustained, cause the provision to be stripped. Examples of surgical points of order are the “Byrd Rule” (section 313 (CBA)) or clause 2 of Rule XXIin the House.

Point of Order

An objection raised on the House or Senate floor or in committees to an action being taken as contrary to that body’s rules. In the House, for example, a point of order may be raised under Rule XXI objecting to an appropriation in an appropriation bill that was not previously authorized by law.

Many of the rules established in the Congressional Budget Act and related rules preclude the consideration of legislation that would violate totals in the budget resolutions, spending limits, or committee allocations. These rules are typically enforced through points of order. Points of order may be waived by a majority vote in the House. In the Senate, only points of order under the Budget Act may be waived (not points of order against actions that violate the Senate’s standing rules), but the waiver generally requires a three-fifths vote. (See also Concurrent Resolution on the Budget; Congressional Budget Act.)